- 3 - acquire jurisdiction when the Commissioner issues to a taxpayer a notice of deficiency that reflects a "deficiency in respect of any tax imposed by subtitle A or B", section 6212(a), and the taxpayer timely petitions this Court to redetermine that deficiency. Sec. 6213; Rule 13(a), (c); Keeton v. Commissioner, 74 T.C. 377, 379 (1980); Estate of Moffat v. Commissioner, 46 T.C. 499 (1966). In the instant case, respondent has not determined a "deficiency in respect of any tax imposed by subtitle A or B". Sec. 6212(a). Respondent has determined only that petitioner is liable for the three additions to tax mentioned above. Pursuant to section 6665, none of these additions to tax is treated as a tax that is imposed by subtitle A or B. As stated in section 6665: SEC. 6665. APPLICABLE RULES (a) Additions Treated as Tax.--Except as otherwise provided in this title-- (1) the additions to the tax, additional amounts, and penalties provided by this chapter shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as taxes; and (2) any reference in this title to "tax" imposed by this title shall be deemed also to refer to the additions to the tax, additional amounts, and penalties provided by this chapter. (b) Procedure for Assessing Certain Additions to Tax.--For purposes of subchapter B of chapter 63 (relating to deficiency procedures for income, estate,Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011